The Street Works (Register, Notices, Directions and Designations) Regulations (Northern Ireland) 2002

Interpretation

2.  In these Regulations—

“cycle track” means a way over which the public have a right of way on pedal cycle only, or on pedal cycle and foot only;

“footpath” means a way over which the public have a right of way on foot only, not being a footway;

“major projects” means projects which have been identified specifically in the annual operating programme of the undertaker or the Department, or which, though not specifically identified in such a programme, would normally be planned at least six months in advance of works commencing;

“minor works” means works (not being emergency works or urgent works) whether in the footway, verge or carriageway, which are of a planned duration of not more than 3 days, do not form part of a rolling programme and do not involve at any one time more than 30 metres of works or leave less than 3 metres width of carriageway available for traffic or less than 2.5 metres width of carriageway where the traffic is expected to consist only of motor cars and light locomotives within the meaning of Article 3(1) of the Road Traffic (Northern Ireland) Order 1995(1);

“the Order” means the Street Works (Northern Ireland) Order 1995;

“person responsible for securing registration” means in relation to any information, the person responsible for conveying such information to the Department for registration in the register;

“statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works;

“standard works” means all works which are not emergency works, urgent works or minor works;

“the register” means the street works register required to be kept by the Department by virtue of Article 13(1) of the Order;

“traffic-sensitive street” means a street designated by the Department as traffic-sensitive pursuant to Article 24 of the Order and in a case where a limited designation is made pursuant to Article 24(3) any reference to works in a traffic-sensitive street shall be construed as a reference to works to be executed at the times and dates specified in such a designation;

“trunk road” has the same meaning as in the Roads Order; and

“urgent works” means street works (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required)—

(a)

to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker;

(b)

to avoid substantial loss to the undertaker in relation to an existing service; or

(c)

to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period,

and includes works which cannot reasonably be severed from such works.

(1)

S.I. 1995/2994 (N.I. 18)